Johnson v. Calnan
Supreme Court of Colorado
Appeal from the District Court of Carfield County. Action by grantors of certain real estate against the grantee, asking for a reconveyance and other relief. Findings and judgment in favor of plaintiffs. Defendant appeals. STATEMENT OE CASE. Appellees John Calnan and his wife Johanna, Benjamin B. Hill and Charles H. Leonard were plaintiffs below; appellant William E. Johnson was defendant.
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Appeal from the District Court of Carfield County. Action by grantors of certain real estate against the grantee, asking for a reconveyance and other relief. Findings and judgment in favor of plaintiffs. Defendant appeals. STATEMENT OE CASE. Appellees John Calnan and his wife Johanna, Benjamin B. Hill and Charles H. Leonard were plaintiffs below; appellant William E. Johnson was defendant. On and prior to January 5, 1887, plaintiffs were the owners of two certain tracts of land adjoining each other, and situate in Garfield county, Colorado, one tract containing twenty acres, the other…
1Opinion of the CourtJustice Elliott
Two questions are presented by the assignments of error: Does the complaint state facts sufficient to entitle plaintiff to a reconveyance of the land as prayed for ? Are the findings and decree sustained by competent and sufficient evidence ?
Both questions must be answered in the affirmative, unless the statute of fraud and perjuries compels a different answer. Section 6 of the statute reads as follows:
“ Sec. 6. No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall…
2Cases cited6 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Railroad Co. v. DurantSupreme Court of the United States · 1877
- Von Trotha v. BambergerSupreme Court of Colorado · 1890
- Bohm v. BohmSupreme Court of Colorado · 1885
- Hayes v. ShattuckCalifornia Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Lagae v. LacknerSupreme Court of Colorado · 2000
- Sanford v. Van PeltSupreme Court of Missouri · 1926
- Knights of the Maccabees of the World v. PeltonColorado Court of Appeals · 1912
- Morrison v. ParishCourt of Appeals of Texas · 1964
8 more not listed; retrieve them via the Exa API.